By Joanne Jeffries. Last Updated 28th September 2021 Welcome to our guide where we shall discuss head injury claims and brain injury claims leading to brain and head injury compensation in detail. We look at how brain damage after a car accident could lead to a claim.
Head injuries cover a wide category of injuries to the head. They could include common injuries such as a concussion or head wound through to less common (and more severe) head injury types such as traumatic brain injuries and brain damage after a car accident, fractured skulls, or open wounds.
A traumatic head injury may lead to permanent brain damage with either life-changing or even fatal consequences in their most serious form. Long-term head injury symptoms may not become immediately apparent after the accident occurring or the initial injury presenting, and in some cases, the effects will take years to fully manifest. When making a head injury compensation claim with Accident Claims UK, our team will consider these factors. We will ensure that your brain injury compensation claim will account for potential future health issues and their effect on your life.
In our guide below, we have endeavoured to include information on the most common types of head injury, the way in which these are caused, head injury first aid tips, the average compensation for a head injury, and how to make a successful compensation claim for a head injury. If your injury type is not discussed, fear not. Our specialists can deal with a full range of head injuries.
Read on to find out more. When you are ready to make a claim, call our team on 0800 073 8801.
Select A Section
- A Guide To Making A Head Injury Compensation Claim
- What Are The Most Common Types Of Head Injuries?
- What Are The Most Common Causes Of A Head Injury?
- Traumatic Brain Injuries Caused By A Car Accident
- Head Injury Statistics In The UK
- What Are The Symptoms Of A Mild Head Injury?
- What Are The Symptoms Of A Traumatic Head Injury?
- What Are The Long-Term Effects Of Suffering Repeated Head Injuries
- Common Reasons People Make Head Injury Compensation Claims
- What Should I Do If I Had A Head Injury?
- What Can I Claim Compensation For After A Head Injury?
- Brain And Head Injury Compensation Calculator – Updated September 2021
- How To Start Your Head Injury Compensation Claim For Brain Damage After A Car Accident
- No Win No Fee Compensation Claims For A Head Injury Or Brain Damage After A Car Accident
- Why Choose Accident Claims UK To Manage Your Claim For Brain Damage After A Car Accident
- Talk To Our Team Today About Brain Damage After A Car Accident
- Useful Links relating to brain damage after a car accident
- Head injury claims FAQ and brain damage after a car accident FAQ
Suffering a head injury or brain damage is often one of the most serious and potentially devastating types of injury you can experience. The effects of suffering a head injury can vary a lot. Head injury symptoms can include memory problems, issues with concentration, difficulty with motor control and speech, higher brain functions and other common cognitive issues. When it comes to making brain damage or head injury claims, the severity of your injury and its overall effects on the rest of your life will help to set how much compensation you could claim. Head injuries can result in some of the highest personal injury claim settlements.
Head injuries and brain damage can be caused by a range of different types of accidents and circumstances. Your claim may be for a slip, trip, or fall head injury or for one caused by a road traffic accident. In general, those caused by car crashes result in the most severe consequences. As such, brain injury claims can often account for some of the highest personal injury claim settlements.
Head Injury Compensation Case Studies
In 2017 the BBC ran a story about a man who suffered a debilitating injury to his head. The victim was parked in a lay-by along the A55 when a vehicle crashed into the back of his car at 70mph. The victims head was smashed against the steering wheel, leaving him with a traumatic head injury leading to damage to the frontal lobe. The victim suffered personality problems as well as damage his frontal lobe. His case proceeded to Liverpool Crown Court where he was awarded £3.6 million in compensation. The brain injury compensation payout included compensation for his future medical and social care as he could no longer live alone.
For more information on the most common kinds of head injuries that can lead to head injury compensation claims, please read on.
According to information from the NHS in England and Wales, around 700,000 people visit A&E departments each year with some degree of a head injury. While most of these will be minor head injuries, approximately 10% will be either moderate or severe head injuries. Suffering a traumatic brain injury can have a dramatic effect on both your own life and the lives of your family and friends. This is why if your injuries were someone else’s fault, making a successful accident claim is so important. Your head injury settlement amount would be designed to help with future treatment costs in cases such as this, ensuring that you are also not left out of pocket.
There are two main types of head injury definition which people suffer and make head injury claims. These are open or closed head injuries. Closed head injuries are ones in which the victim has suffered a head trauma caused by an impact, but one where the skull was left intact. Open head injuries (also known as a penetrating head injury) are ones in which there was an impact, but where the skull was broken and where the object penetrated the brain. This could happen during a road traffic accident. Common head injury symptoms include wounds to the scalp and skull, concussions, and damage to the brains tissues, such as different haemorrhages and hematoma.
To find out how much head injury compensation you could be entitled to, contact Accident Claims UK today. Alternatively, if you’d like to know more about the kinds of accident that can result in head injury and may lead to brain injury claims, please read on.
It may not seem it, but some of the most common causes of a head injury are seemingly innocuous everyday injuries. We often see claimants needing to make a slip, trip, or fall head injury after slipping or falling over at work or on the pavement. Slipping in the shower injuries, or more general slip and fall traumatic brain injuries can have a devastating effect and can happen in a split second. They are also some of the most common causes of minor head injury for a child or the elderly. However, they can also be caused by participating in contact sports such as rugby or boxing, being assaulted or being involved in a road traffic accident.
In most cases of a head injury, the skull is able to protect your brain from serious injury. However, more severe head injuries could also be associated with damage to the upper spine. Your overall risk of suffering a traumatic brain injury (and thus, the potential value of your head injury compensation claim) depends on the severity of the impact and damage. Injuries such as falling from a height or being involved in a high-speed accident will have a higher risk of more severe injury.
Head injury classification divides two categories based on the cause. These are injuries caused by shaking or damages caused by a blow to the head. Those caused by shaking are one of the most common types of head injury in a child, but can also happen to an adult.
For a closer look at brain injury claims and head injury claims made after a road traffic accident, please read on. Alternatively, call Accident Claims today to start with making a brain injury compensation claim.
In the UK, in 2020, there were 23,486 people who were seriously injured or killed on UK roads. You can see the road users affected below.
Being involved in a road traffic accident or car crash of any type can be a very frightening experience, but sustaining a serious injury requiring head injury treatment and possibly a prolonged period of recovery can make things much worse. You and your family may experience psychological injuries and even financial pressures as a result of your injuries and the effect they have on your life. If your head injury is too severe to make a claim for yourself, a family member can do so on your behalf. Suffering a brain injury as a result of a road traffic accident is one of the most serious reasons to worry about a head injury and can often lead to death. It is not always easy for you as a claimant who has had a head injury to know when to worry, so seeking medical help is always advised.
For an insight into some statistics which may shed some light on head injury compensation claims, please read on. Otherwise, you can call us with any questions you have regarding making a claim.
As outlined by Headway, there were 348,453 UK hospital admissions concerning a brain injury in 2016-17. On average, that was 531 admissions per 100,000 of the population. Headway also outlined the following statistics:
- ABI admissions in the UK have drastically risen by 10% since 2005-06.
- In 2016/17, there were 132,199 hospital admissions for a stroke.
- Men are 1.5 times more likely to be admitted for a head injury than men. However, the fatality rate for female head injury admissions has risen since 2005-06.
Information from HSE gives us some insight into the prevalence of head injuries in workplaces in Great Britain. As the graph below shows, injuries to the head (not including the face) made up the largest proportion of head injuries recorded in 2019/20.
Please note that the statistics provided above are in relation to head injuries only; they don’t relate to claims made and aren’t exclusively instances where negligence was a factor in the injury taking place.
For more information on the kinds of mild head injury that can lead to head injury claims, please read on. To find out more about brain injury compensation or head injury compensation from one of our advisors, don’t hesitate to give us a call.
Knowing when to worry about a head injury can be helpful if you do not know whether or not your head injury is serious enough to warrant medical attention or whether you do not need to. The first thing to note is that you should seek medical attention for any and all head injuries. Remember the mantra that it is better to be safe than sorry. Your head injury settlement amount will account for how serious the effects have been upon you.
However, there are evident symptomatic differences between more mild head injuries and serious or severe injuries, even if there are no outward, physical signs. Symptoms of a mild head injury may include (but are not limited to):
- A brief loss of consciousness lasting for less than a minute.
- A headache and/ or nausea.
- Problems with your short-term memory.
- Dizziness or loss of balance.
- Extra light or sound sensitivity, blurred vision or a ringing in the ears.
- General mental fatigue.
- Changes in your regular pattern of sleep.
For more information on brain injury claims resulting from traumatic head injuries, please read on to the next section, or give our team a call today if you’d like to get the head injury claims process started.
The more severe any type of injury you have suffered and the more serious or long-lasting effects on your health and quality of life, the higher the amount of head injury compensation you could be awarded. As such, when looking at more serious and severe head injuries, the symptoms below will usually indicate a more serious injury and a higher award:
- Being unconscious for a period that could last several hours.
- Suffering convulsions and/ or seizures.
- Having an incoherent pattern of speech.
- Serious confusion and becoming uncoordinated.
- Loss of bowel or bladder control.
- Tingling and/ or numbness in your fingertips.
- Nausea and vomiting.
If you’ve suffered from any of the effects listed above after a brain injury that wasn’t your fault, then you may be entitled to claim brain injury compensation. Call our team today to find out more about claiming.
Those who have suffered a serious injury to the head, which has severely affected their quality of life will be due to the highest head injury claim amounts. These could be people who have suffered a single, large, traumatic blow, or those who have suffered repeated injuries to the head. These may be claimants who have repeatedly suffered a more mild trauma level of trauma over a more extended period of time. This could be taking low level blows to the head again and again. It will often lead to serious health issues. These could include a variety of different sports injuries.
These types of brain damage after a car accident claims have become a point of debate with personal injury solicitors. They and the courts will often look at whether the final blow caused the injuries, or whether they were the result of a chronic condition. This can be difficult to prove at times.
Whilst sports injuries are not often fatal, when they are, the leading cause of death is traumatic head and brain injuries. Head injury compensation cases and solicitors have long looked at the longer-term effects of a head injury. Different studies have looked at and shown a correlation between repetitive head injuries and long-term brain diseases that may not present until years later. These longer-term effects have to be accounted for when a claimants settlement is being calculated. As such, it is essential to find out how severe the head injury will be in the long term.
For a closer look at the kinds of accident that might lead to head injury claims and brain injury claims, read on to the next section. Our team are also on hand to answer any questions you have around brain injury compensation; just call us to find out more.
Head injury personal injury claims are triggered by a variety of different accidents and circumstances. As we have mentioned in previous sections, the most common cause of injuries to the head and brain are car and road traffic accidents. Establishing who is to blame and making a claim for brain damage after a car accident against that person responsible can be difficult to do. These are some of the most common reasons people make these types of claims.
Accidents at work: have you suffered a head injury at work? If so, you should be able to make a claim against your company or employer. Your employer may not have taken the right health and safety steps, or they may not have provided you with the right Personal Protective Equipment (PPE) for your job role. Insufficient first aid facilities at work could have even caused it.
Car crashes and road traffic accidents: a variety of head injury compensation case studies have looked at the effects of car, motorcycle and even accidents involving public transport which have caused a head injury. In the UK, these are often the cause of some of the most serious types of head injury.
Slips, trips, and falls: slips, trips, and falls are the most common type of accident leading to an injury and personal injury claim. They can happen whilst you are walking on the pavement, in another public space, or in a shop or supermarket. They are also caused by a very wide variety of different factors. Wherever your accident happened, it is highly likely that someone was liable for ensuring the pavement or floor was maintained and hazard-free.
Medical negligence: medical negligence is the term used to describe a scenario in which the level of care you’ve received has fallen short of what you would expect from a competent medical professional, resulting in injury. Birth injuries, for instance, can often lead to brain damage in babies who’ve been unable to get the oxygen they need. If this is the result of negligence on behalf of a medical professional, then you may be able to claim.
While these are the most common ways in which head injuries may be caused by accident, there are numerous other circumstances that can lead to them. If you have sustained any type of injury due to an accident that was not your fault, you should contact our team as soon as possible to find out if you can make a brain injury compensation claim.
If you’d like to know more about the best first steps to take in head injury claims or brain injury claims, please read on to the next section where we’ll take a look at what to do if you sustain a head injury or brain damage after a car accident.
If you have sustained an injury (such as an injury to the head) due to an accident that was not your fault, you could be entitled to make a claim. No matter whether your injury was severe or mild, you could still have grounds to make a claim. There are several steps you should take before making any type of personal injury claim, including claims for head injury compensation.
Collect photographic evidence – take photos of the area where the accident happened, including the cause of the accident if possible. Make sure to also take several detailed pictures of your injuries.
Collect details of any witnesses – ask for the names and contact information of anyone who saw your accident happen and what caused it. They may be able to provide a witness statement to corroborate your story later.
Visit a medical practitioner – this could mean a visit to the hospital, GP surgery, or dentist, depending on your injuries’ nature and severity. This ensures that you get the treatment you need for brain damage after a car accident whilst also providing an official record of your injuries. Keep details of your visits and copies of any medical notes recorded.
These steps will help you to ensure your claim is on a better footing when you approach a personal injury claims solicitor.
For more information on what can be included in claims for brain injury compensation, read the next section of our guide. Alternatively, get in touch with our team today with any questions related to brain injury claims or head injury claims; we’ll be happy to help.
The following things are some of the major things which you can claim for in a personal injury claim. Please note that this list is not exhaustive of everything which you could claim for.
- Care in the home – After suffering an injury to the head, you may find you are not able to carry out the same level of domestic tasks and that you need help or care around the home.
- The cost of rehabilitative care – you may need rehabilitation to get back on your feet and become able to carry out day-to-day tasks again. This may include physiotherapy, speech therapy, or other therapeutic treatment.
- Adapting your home or buying a new property – if severely injured and left with a long-term disability, you may find your home needs to be adapted or that you need to move to a new property. This can be included in your compensation settlement.
- Specialist medical care – the treatment you need may not be available on the NHS. If you need to pay for specialist care, this cost can be claimed for.
- Special educational needs – if the claimant was a child, you may need to claim for additional and future educational costs.
- Travel costs – you can claim for any travel costs, such as travelling to medical appointments.
Loss of income – this can include any current or future earnings, benefits or other income which you have lost due to your injuries.
You may be wondering what level of compensation awards brain injury claims and head injury claims can attract. If this is the case, read on to our next section where we will look at some estimated brain injury compensation amounts. Or for free legal advice, get in touch with our team today.
“How much compensation can I claim for a head injury or brain damage after a car accident?” is a question we are regularly asked. In the table below, we look at some of the most common types of head injury compensation claim and how much compensation you could be entitled to claim for brain damage after a car accident Please note that each case and the claim is unique and so the actual amount of compensation you are awarded could vary from these guide amounts.
|Injury type and severity||Settlement award||Injury notes|
|Minor brain or head injury||£2,070 to £11,980||In these cases there will be minimal or no brain damage. The award will depend on the severity of the injury and how long it has taken for the injured person to recover.|
|Less Severe Brain Damage||£14,380 to £40,410||In these cases the injured person will have made a good recovery and will be able to take part in normal social life and to return to work. There may still be persisting problems such as poor concentration and memory or disinhibition of mood.|
|Moderate Brain Damage||£40,410 to £205,580||This bracket will be appropriate where there has been an intellectual deficit ranging from modest to severe, an effect on concentration and memory and a risk of epilepsy.|
|Moderately Severe Brain Damage||£205,580 to £264,650||This bracket will be appropriate in instances where the injured person is very severely disabled, either physically or cognitively. There will be a substantial dependence on others and a need for constant professional and other care.|
|Very Severe Brain Damage||£264,650 to £379,100||Awards within this bracket will depend on the level of insight, life expectancy, physical limitations and the ability to communicate. At the top of this bracket there will be little meaningful environmental response or language function.|
|Less Severe Psychiatric Damage Generally||£1,440 to £5,500||Awards in this bracket will be determined based on the length of time that the injured person was disabled for and the extent to which their sleep and daily activities were affected.|
|Moderate Psychiatric Damage Generally||£5,500 to £17,900||There will have been some problems relating to work, education and relationships, however there will be a marked improvement and a good prognosis|
|Severe Psychiatric Damage Generally||£51,460 to £108,620||There will have been severe problems relating to work, education and relationships and a poor prognosis|
|Less Severe Post-Traumatic Stress Disorder||£3,710 to £7,680||In cases within this bracket there will have been a virtually full recovery within one to two years, with only minor symptoms persisting over a longer period of time.|
|Moderately Severe Post-Traumatic Stress Disorder||£21,730 to £56,180||Injuries within this bracket will be less severe than in more serious cases and the effects are still likely to cause significant disability for the foreseeable future. However, there will be a better prognosis for some recovery.|
|Severe Post-Traumatic Stress Disorder||£56,180 to £94,470||Cases within this bracket will result in permanent effects which prevent the injured person from functioning at a pre-trauma level. All aspects of the person's life will be affected.|
|Mental anguish||£4,380||Fear of death or the expected reduction in life expectancy.|
How much compensation you get for a head injury is not always an easy question to answer. Your individual claim will take a variety of factors into account and may also include other injuries at the same time. For further information, contact us today.
The best step to take when starting any type of personal injury claim is finding an expert solicitor to work with. Contact our team today and will organise a free assessment for you in which one of our experts will look at your accident and injury and determine whether you have a valid claim or not. They will then work on your case to put the right strategy in place to get you the compensation you are entitled to. They will also discuss with you whether we can offer you a no win no fee agreement for your case.
If you’d like to know more about making brain injury claims on a No Win No Fee basis, then read our next section for further insight. If you feel you have all the information you need and would like to get your claim for brain injury compensation started today, simply give our team a call.
No win no fee agreements are a way for us to provide you with the help you need, no matter your current financial circumstances. When you hire a solicitor under a no win no fee agreement, you won’t have to make any upfront payments or pay any costs whilst your claim is being carried out. If your claim is not successful, you still won’t have to pay anything for our services. If you are awarded compensation, then our fee will be recovered as part of the claim settlement. To put it simply, a no win no fee contract means that you will never be left out of pocket or worrying about expensive legal bills.
The solicitors we can provide claimants have a wealth of experience and a proven track record in helping people to claim the head injury compensation they are entitled to in case such as a head injury claim. We work an experienced panel of brain injury solicitors and lawyers who are ready to help people such as you. Our team will always do their best to help you and will remain sensitive to your needs in making brain injury claims and head injury claims.
When you are ready to find out more or to start your claim for brain injury compensation, speak to the experts at Accident Claims UK. We can assess your injuries and help you to start making a claim. Contact our specialists today by calling 0800 073 8801.
Headway is a UK based head injury charity providing information and advice for people with head injuries.
Get further detailed advice and information on head injuries, with information on symptoms and treatment options with this NHS guide.
Take a look at how the NHS could assist you and support your mental health.
Read our guide on making a claim for a head injury resulting from hospital negligence.
Have you been involved in an accident in a warehouse that’s resulted in a head injury? If so, our guide could help you claim the compensation you deserve.
What is classed as a serious head injury?
A serious head injury is often considered to be a serious, if not a life-changing injury that can have a variety of effects and implications. In its mildest form, a head injury could result in memory loss and concentration issues. In its severe form, a head injury could render an individual seriously unwell, as it may affect their ability to speak, it would reduce their quality of life, and they would require around the clock care.
How much compensation will I get for a head injury or brain damage after a car accident?
The amount of head injury compensation that could be awarded is hard to estimate. For instance, when taking legal action, if you are awarded compensation, then the brain injury case will take into account the injury type, the severity, and long term implications.
By speaking to our team, our trusty advisers can listen to your circumstances, offer free legal advice, and provide an estimated figure in relation to your circumstances.
What can be included in a compensation claim for a head injury?
Your claim for brain injury compensation will be made up of special and general damages. General damages will compensate you for the pain and suffering your injuries have caused you, where special damages will cover you for any financial losses you’ve incurred because of your injuries, such as time taken off work or medication or treatment you’ve needed to pay for.
Could I claim for a family member for brain damage after a car accident?
If a family member is rendered unable to make their own case, then you could have grounds to handle their case. In circumstances of this nature, the injured person would fall under the Mental Capacity Act 2005. Here at Accident Claims, we understand that the claims process can be complex, but with the support of our team and our injury lawyers, we could assist you every step of the way.
Can I make a brain injury claim myself, without a solicitor to help?
Technically, there’s no legal requirement for you to have a solicitor act on your behalf in making a claim. But practically, you will find that the expertise and experience of a personal injury solicitor will make the claims process run much more quickly and smoothly.
Is making a head injury claim expensive?
If you choose to have a solicitor act on your behalf, then it may do. Some law firms will charge an hourly rate, meaning that the costs quickly add up and in some cases your claim may be unsuccessful, leaving you to foot a large legal bill. Luckily, Accident Claims offer representation on a No Win No Fee basis, meaning you will never pay a penny to us until your compensation is secured.
How long do I have to make a claim for a head injury?
The time limit for making a personal injury claim is three years from the date of the accident. If someone has lost the mental capacity to claim because of their injuries, and a claim isn’t made by a litigation friend under the Mental Capacity Act 2005, then this three-year time limit will refresh if they regain the capability to claim themselves.
Can I make a claim for a head injury or brain damage after a car accident on behalf of my child?
Yes. You can make a claim for them as their litigation friend up until they turn 18. Once they turn 18, they have three years to make a claim themselves for their injuries if a head injury compensation claim hasn’t already been made.
What happens if I suffer a head injury in a violent assault?
You may be worried that you wouldn’t be able to claim head injury compensation if you’d experienced the injury due to a violent assault, but this would not usually be the case. If you were assaulted in an incident that you were not at fault for, you could claim compensation. If you suffer a violent assault at work, you may be able to claim against your employer for not protecting you while you are at work. However, if you are assaulted and suffer a head injury or brain injury while not at work, you may be able to claim through the Criminal Injuries Compensation Scheme.
How do I make a CICA claim for brain damage after a car accident?
Making a claim against the Criminal Injuries Compensation Authority would involve giving them all the evidence you have about your injury and the assault. You would need to have a medical assessment with someone independent of your case. They could provide you with a medical report which could evidence your injuries. You would need to have reported the incident to the police to be able to claim. In addition, you would usually only have 2 years to make your claim. However, if you lacked the mental capacity to make the claim because of your injuries, this two year limitation period may not apply.
Could you help me with a CICA claim for brain damage after a car accident?
Here at Accident Claims UK, we could help with making claims against the Criminal Injuries Compensation Authority. Why not call us to discuss your case. We’d be happy to provide you with the guidance and support you need.
Could I make a claim for brain damage after a car accident if the at fault party led the scene?
Unfortunately, while it is a criminal offence not to stop at the scene of an accident that causes personal injury, some people may panic and flee the scene. If they are later found, you could still make a claim against them for brain damage after a car accident. However, what happens if they cannot be traced? How would you be able to make a claim for compensation? This is where the Motor Insurers Bureau come in. They not only help to reduce the amount of uninsured driving on UK roads, but they also help compensate victims of uninsured drivers and drivers who are untraceable. They could pay you compensation for brain damage after a car accident. We could help you make a claim for compensation through the MIB to help you get the maximum amount of compensation possible for your claim.
What if the driver at fault for my brain damage after a car accident was not insured?
Again, you could make a claim through the Motor Insurers Bureau compensation. Our specialist solicitors could assist with such a claim, and help you to get the maximum compensation possible for your case. If you would like to speak to us about making such a claim, and would like free legal advice, guidance and support, we would be happy to assist you. We could assess your case to see if one of our solicitors could help.
Thank you for taking the time to read our guide on head injury claims and brain injury claims as well as brain damage after a car accident. We hope to have answered all your questions about claiming brain injury compensation.